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Search date: 23-10-2018 Return to current date: Click here

Provision in draft civil service act goes against constitution: TIB

FE Report | October 23, 2018 00:00:00


Transparency International Bangladesh (TIB) has termed 'anti-constitutional and discriminatory' the proposed provision in the draft 'Civil Service Act-2018' of not arresting public servants without prior permission.

Government employees accused of criminal offences could not be arrested without prior permission of the authorities concerned, according to the draft act placed in parliament on October 21.

The anti-corruption watchdog in a statement on Monday also urged the government to review the proposed provision before enacting it as law.

TIB has observed that it will be an obstacle to ensuring transparent, people-friendly and accountable administration in the country.

It expressed concern over placing the draft act in parliament having the proposed provision in it.

TIB executive director Dr Iftekharuzzaman in the statement said, "The proposed provision in the draft act is considered to be anti-constitutional and discriminatory as it bears different status for same offences between general people and public servants."

In the draft act, he said, there is no necessity of taking prior permission for arresting ordinary people and public representatives while the proposed provision in the draft act keeps an option for prior permission for public servants which is anti-constitutional.

The proposed provision is also contradictory to section 54 of the country's Code of Criminal Procedure 1898, he added.

Besides, the proposed provision is against honesty, transparency, professionalism and neutrality in the country's public administration.

Earlier, the draft act was placed in parliament on October 21 with the proposed provision of making it mandatory for arresting any public servants.

Public servants can only be arrested after taking prior permission from the authorities concerned, according to the proposed provision in the draft act.

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